TR-2009-06bCITY OF
CUPERTINO
July 23, 2009
Debbie Kaiser
2665 N. 1St Street
San Jose, CA 95134
10300 Torre Avenue
Cupertino, California 95014
Telephone: (408) 777-3308
FAX: (408) 777-3333
COMMUNITY DEVELOPMENT
SUBJECT: TREE REMOVAL PERMIT ACTION LETTER -Application TR-2009-06:
This letter confirms the decision of the Director of Community Development, given on
July 23, 2009, approving a Tree Removal Permit to remove five (5) Evergreen Ash trees
and two (2) Canary Island Pine trees, located at 10381-10443 Bandley Drive, with the
following conditions:
1. APPROVED PROTECT
The approval is based on the tree replacement justification letter and replacement
plan dated July 21, 2009 and the arborist's report from Commercial Tree Care
with an unknown date. The trees are identified as 8R, 10R, 12R, 16R, 22R, 75R (1),
and 75R (2) on the removal schematic in the arborist's report.
2. TREE REPLACEMENTS
The applicant shall be required to plant replacement trees on the property in
accordance with the City's Protected Tree Ordinance as stated in the table below.
The replacement tree shall be planted within 60 days of this application's
approval.
Trees Removed In-lieu fee
Req. Approved required based
Species Trunk Size replacement replacements on purchase
(DBH) Trees and install for:
Evergreen Ash 24"
Evergreen Ash 24"
Evergreen Ash 23" (14) 24" or (7) (7) 24" box (7) 24" box
Evergreen Ash 20" 36" box trees London Plane trees
Evergreen Ash 20" trees (Platanus
C. Island Pine 21.5" acerifolia)
C. Island Pine 21"
TR-2009-06
10381-10443 Bandlev Drive Page 2
3. IN-LIEU TREE REPLACEMENT FEE
The applicant is required to pay an in-lieu tree replacement fee based upon the
purchase and installation cost of seven (7) 24" box London Plane (Platanus
acerifolia) replacement tree(s) in compliance with the City's Protected Trees
ordinance.
4. NOTICE OF FEES DEDICATIONS RESERVATIONS OR OTHER EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees,
dedication requirements, reservation requirements, and other exactions.
Pursuant to Government Code Section 66020(d) (1), these Conditions constitute
written notice of a statement of the amount of such fees, and a description of the
dedications, reservations, and other exactions. You are hereby further notified
that the 90-day approval period in which you may protest these fees, dedications,
reservations, and other exactions, pursuant to Government Code Section
66020(a), has begun. If you fail to file a protest within this 90-day period
complying with all of the requirements of Section 66020, you will be legally
barred from later challenging such exactions.
Staff has made the findings necessary to grant the tree removal permit in accordance
with Section 14.18.180 of the Protected Trees Ordinance. Please note, however, that an
appeal of this decision can be made within 14 calendar days from the date of this
letter. If this happens, you will be notified of a public hearing, which will be
scheduled before the Planning Commission and the trees cannot be removed until a
final decision on the appeal has been made. If no appeal is made within the appeal
period, the trees maybe removed after Thursday, August 6th, 2009.
Sincerely,
George Schroeder
City of Cupertino
(408) 777-7601
georges@cupertino.org
Enclosures:
Tree replacement justification letter and replacement plan dated July 21, 2009
Condensed arborist's report and removal schematic
CC: Todd Huffman, Commercial Tree Care, 972 Newhall Street, San Jose, CA 95126
Barbara Moore, Ducati of N. America, 10443 Bandley Drive, Cupertino, CA 95014
G:\P1amling\Tree Removal Staff Level\Action Letter\TR-2009-06 Actionletter_10381-10443 Bandley.doc
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Commercial Tree Care ~~r-
A Shepherd Enterprises Coplpany° ~ ~ .
P.O Boa 549 Santa Clara, CA. 95052
Office: (408) 985-TREE (8733) Fag: (40,8~~'~~L T,~~a~~ ~D(~
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Arborist Report
George Schroeder ~ .duty _21, 2009 -
City of Cupertino
Community Development Department
10300 Torre Avenue Phone: 777-7601
Cupertino, CA 95014-3255 Fax: 777-3333
t~~i~r,ayar
10381 Bandley Drive
"Tree Removal Application"
Dear George,
Commercial Tree Care thanks you for your time and expertise in handling our removal
application for 10381 Bandley Drive. I am writing this formal request to address
concerns of replacement tree species, total trees to be installed, and purposed size of
trees at time of installation.
This site is heavily planted with an excessive tree count of 72 total trees, not including
the 7 additional nuisance trees called out for removal. Please refer to the previously
submitted plan for an overhead visual of the property and extensive plant material
located at this site. Of this total tree count, 43 trees are of larger fast growing species
such as the Canary Island Pine and mature Golden Rain Tree.
Purposed locations of the replacement trees will be in the general areas of currently
requested removals, between the parking lot and sidewalk in front of the property. As
previously stated, the remaining areas throughout the property have established plant
materials already installed. This planting strip affords us very little room to install larger
36-inch box trees as this strip is not very wide. For this reason we are requesting to
install trees of the 24-inch box size. The 24-inch box trees will likely grow into the
smaller planting strip and establish a better rooting system previous to hitting the
surrounding curb line.
Arborists are tree specialists who use their education, knowledge, training, and expertise to examine trees, recommend measures to
ephance the beauty and health of trees, and attempt to reduce risk of living near trees. Clients may choose to accept or disregard the
recommendations of the arborist, or to seek additional advice.
Arborists cannot detect every condition that could possibly lead to the structure failure of a tree. Trees are living organisms that fail in
ways we do not fully understand. Conditions are often hidden within trees and below the ground. Arborists cannot guarantee that a tree
will be healthy or safe under all circumstances, or for a specific period of time. Likewise, remedial treatments, like medicine, cannot be
guaranteed. Trees can be managed, but they cannot be controlled. To live near trees is to accept same degree of risk. The only way to
eliminate all risk associated with trees is to eliminate all trees.
';. ~, ~
Commercial Tree Care
A Shepherd Enterprises Company
P.O Box 549 Santa Clara, CA. 95052
Office: (408) 985-TREE (8733) Fax: (408) 985-6536
Arborist Report
Evergreen Ash Tree Observations:
C.a~de~~ Prb~s~~s (~.~r~
The subject Evergreen Ash trees are located at the south side of property directly along the Bandley Drive within the
private property landscape strip between the sidewalk and front parking area. All five tree canopies overhang parking
spaces, driveway, and sidewalk areas.
All five Ash appear to be without any health issues at this time. This specie of tree is genetically prone to limb failure.
Inherent poor limb attachments with imbedded and tight crotches are visible throughout all canopies. Long branches with
excessive end-weights in combination with the previously mentioned poor limb attachments are the cause for several past
limb failures.
This specie of tree is also genetically prone to have extensive and very invasive rooting systems. All of the subject trees
have invading roots that are both cracking the bordering cement curb line and uplifting surrounding parking area asphalt.
Specifications and Conditions:
Tree # 8r:
Specie: Fraxinus uhdei, Evergreen Ash
Circumference = 75.5" DBH = 24" Height = 30 feet Width = 25 feet
This subject tree is currently cracking the surrounding curb line. The parking area and driveway asphalt was recently
repaired due to uplifting tree roots. I assume during this process the contractor removed the offending roots. Without the
knowledge of how many or how extensive root removal was performed, this subject tree may have been destabilized in
some shape or form? The new asphalt covers a rooting area or considered loss of rooting system of approximately 20%.
This tree is called out for removal.
Commercial Tree Care
A Shepherd Enterprises Company
P.O Box 549 Santa Clara, CA. 95052
Office: (408) 985-TREE (8733) Fax: (408) 985-6536
Arborist Report
Tree # 10r:
Specie: Fraxinus uhdei, Evergreen Ash
Circumference = 75.5" DBH = 24" Height = 28 feet Width = 25 feet
This subject tree is currently cracking the surrounding curb line. The sidewalk area in front of this subject tree was
recently replaced. I assume during this process the contractor removed the offending roots. Without the knowledge of
how many, or how extensive root removal was performed, this subject tree may have been destabilized in some shape or
form? The new asphalt covers a rooting area or considered loss of rooting system of approximately 45%. This tree is
called out for removal.
Commercial Tree Care
A Shepherd Enterprises Company
P.O Box 549 Santa Clara, CA. 95052
Office: (408) 985-TREE (8733) Fax: (408) 985-6536
Arborist Report
Tree # 16r:
Specie:. Fraxinus uhdei, Evergreen Ash
Circumference = 63" DBH = 20" Height = 26 feet Width = 22 feet
This subject tree is currently cracking the surrounding curb line. Asphalt has been replaced in several areas surrounding
this tree. Several large scaffolding roots are above ground. This tree also has very poor structure with all major limbs
attaching on the trunk at the same juncture. This tree will be prone to future limb failure due to imbedded and tight limb
attachments. This tree is called out for removal.
Commercial Tree Care
A Shepherd Enterprises Company
P.O Box 549 Santa Clara, CA. 95052
Office: (408) 985-TREE (8733) Fax: (408) 985-6536
Arborist Report
Tree # 75r:
Specie: Pinus canariensis, Canary Island Pine
Circumference = 67.5" DBH = 21.5" Height = 55 feet Width = 30 feet
This specie of tree is inherently prone to limb failure due to poor limb attachments and excessive branch end-weights.
The gawky growth of these trees promotes over thinning of the canopy by tree service providers in efforts to reduce the
likelihood of limb failure. This subject tree has been over-thinned in the past and remaining limbs will now suffer from full
wind sail effects. The location of this tree with adjacent parking nearby and heavily used employee dirt pathway, this tree
is called out for removal due to limb failure potential and associated liabilities.
Commercial Tree Care
A Shepherd Enterprises Company
P.O Box 549 Santa Clara, CA. 95052
Office: (408) 985-TREE (8733) Fax: (408) 985-6536
Arborist Report
Recommendations:
These seven (7) subject trees are recommended for removal due to nuisance, continued excessive property
damages, and associated liabilities. Replant with a more suitable specie of tree as per city specifications. Currently there
are other newly installed Scarlet Maples planted on site in the same approximate locations within finger islands. It is
suggested to replant with this same specie to keep current aesthetics in line throughout front of the property. This site is
heavily planted and only a 1:1 replacement ratio (one replacement tree per removal) is recommended at this time.
Please feel free to contact me with any further questions or concerns.
Respectfully Yours,
Todd Huffman
I.S.A. Certified Arborist #WC-6118